19840412 TZHC Mwanza

The will was invalid as it was not signed by the testator nor attested by required witnesses; thus, the appellant was entitled to inheritance under customary law.

Citation: 19840412 TZHC Mwanza
Parties: Respondent: Laurian Cyprijn; Appellant: Unnamed Appellant
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 12 April 1984
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Validity of Will, Right to Representation, Intestate Succession
Source Language: English

Inheritance Customary Law Validity of Will Right to Representation Intestate Succession

Case Brief

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Parties

Laurian Cyprijn

Respondent

Unnamed Appellant

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the District Magistrate erred in denying the appellant representation
2 Whether the will produced by the respondent was valid under applicable law

Ratio Decidendi

The will was invalid as it was not signed by the testator nor attested by required witnesses; thus, the appellant was entitled to inheritance under customary law.

Court Disposition

appeal allowed

Orders

Quash the proceedings and ruling in District Court Appeal No. 79/78.
Order that the appeal be treated as not filed.